Seán Canney (Galway East, Independent)
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450. To ask the Minister for Employment Affairs and Social Protection the reason the sale of residence disregard is not applicable to a person who is not a burden on the State at the date of disposal; and if she will make a statement on the matter. [22579/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Department operates a range of means-tested social assistance payments. The means test takes account of the income and assets of the person (and spouse / partner, if applicable) applying for the relevant scheme. Income and assets include income from employment, self-employment, occupational pensions, maintenance payments as well as property owned (other than the family home) and capital such as savings, shares, and other investments.

If a social welfare recipient sells their home, the proceeds of the sale are normally taken into account as means. However, social welfare legislation provides for a specific disregard for recipients of the State Pension (Non-Contributory), Disability Allowance or Blind Pension when they sell their home in certain situations.

For these schemes, the means test does not take into account up to €190,500 of the gross proceeds of the sale if the person:

• moves to more suitable accommodation;
• moves in with someone who is caring for them and getting a carer's payment;
• moves to sheltered or special housing in the voluntary, co-operative, statutory or private sectors; or
• moves into a registered private nursing home.

Recipients of means tested social protection schemes are obliged, at claim stage, to provide full details of any income(s), assets, savings and investments they (or their spouse/civil-partner/cohabitant) hold and, following award of claim, to notify the Department of any material changes in their circumstances that may affect their entitlement.

Seán Canney (Galway East, Independent)
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451. To ask the Minister for Employment Affairs and Social Protection the reason the investment of a person (details supplied) for the benefit of their children is being taken as being savings in the person’s name; how this is deemed fair and reasonable; and if she will make a statement on the matter. [22580/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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State pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a State pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record. Recipients of state pension non-contributory are obliged to notify the Department of any changes in their circumstances that may affect their pension entitlement. A list of the reportable changes of circumstance is provided at pension award stage and in all subsequent review communications issued.

Social welfare legislation provides that the personal representative of a deceased person (who at any time received a means-tested payment) is obliged to give notice to the Department of their intention to distribute the deceased's estate and to provide a schedule of the assets of the estate, so that the deceased's pension entitlement can be reviewed. The means to be taken into account in such a review include income from employment or self-employment, non-social welfare pension income(s) and the capital value of any savings, investments, and property held by the claimant, other than their family home.

In the case of the deceased person concerned, following receipt of a schedule of their assets on 19 August 2019, the case was referred to an Inspector of the Department for investigation. The deceased had held a policy for a significant sum in a financial institution, which was funded by the deceased and, as confirmed by the financial institution, could have been encashed by the deceased at any time. Therefore, the full amount of the policy was assessable as means in the review of the deceased's state pension non-contributory entitlement.

A deciding officer made a revised decision on the deceased’s pension entitlement and notified this decision, in writing, on 26 April 2023, to their personal representatives. The personal representatives were also informed that, if dissatisfied with the decision, they may request a review of the decision or submit an appeal to the independent Social Welfare Appeals Office and the relevant contact details were provided.

I trust this clarifies the matter for the Deputy.